Center for the Study of Economic Liberty at Arizona State University Policy Report No. 2015-01 May 12, 2015 PATHS TO REFORM A Policy Roadmap to Elimination of the Arizona Income Tax BY STEPHEN SLIVINSKI Senior Research Fellow, Center for the Study of Economic Liberty at Arizona State University EXECUTIVE SUMMARY RESTRUCTURING THE STATE’S REVENUE SYSTEM to rely more on consumption taxes (i.e., the transaction privilege tax, commonly known as the “sales tax”) and eliminating the personal income tax can be beneficial from both an economic perspective and a public policy perspective. In the following study, I explain how the reform can be accomplished while still maintaining budget balance over six to eight years. The case for consumption taxes rests on the fact that, in comparison to income taxes, consumption taxes are less harmful to investment and job-creation. That’s largely because consumption taxes are “neutral” with respect to investment decisions over time and between industries. They also tend to be more stable as a revenue source over time, and further reliance on them could reduce the volatility of state general fund revenue. The policy case for reforming the tax system in Arizona recognizes that our state is competing for capital and workers. Low tax burdens will not be enough. We must be more competitive, particularly with states that have no income tax and with states that are taking greater strides than Arizona at reforming their tax codes. Over the past few years, lawmakers have helped to stay Arizona competitive by lowering corporate taxes and commercial property taxes. However, state policymakers have done little Published by the Center for the Study of Economic Liberty at Arizona State University Tempe, Arizona 85287 | (480) 965-1131 | economiclibertyasu.com Center for the Study of Economic Liberty | Policy Report over the past decade to reform personal income taxes jeopardize our relatively good standing in terms of over- or review the revenue system as a whole and determine all state tax burden. whether it’s one that works best for the Arizona econo- Other options for revenue neutrality exist, such as my. This is particularly important with regard to the per- increasing user fees associated with automobile registra- sonal income tax because it is, in ways that many do not tion or capping the homeowner property-tax rebate. Yet notice, a business tax too: “pass-through entities” like S- another option would be to avoid being too doctrinaire corps, LLCs, sole proprietorships, and joint partnerships about revenue neutrality on the tax collections side and pay their business taxes through the personal income tax instead make room in the budget through spending code. Since these types of businesses account for over 97 reforms to allow a commitment to an ultimate goal of percent of all employers in the state, ignoring the impor- phasing out the income tax as quickly as possible. The tance of income tax reform more broadly leaves behind best option would be to make reforms to spending pro- the single-largest share of business types. grams that would reduce state spending obligations and There are at least five main policy paths available to state policymakers pursuing tax reform. This study outlines each of these options for the purposes of serving as a “tool kit” for policymakers. Each scenario assumes a critical factor: spending discipline in the state general fund budget, which should be an important factor in any long-term plan for tax reform. Tax reform can also be envisioned within the context of revenue growth of the type exhibited over the past 15 years and that economists suspect will continue in the near future. use the savings to “buy down” the income tax rate. An example of that would be reforming the urban revenue sharing program that is anchored to the current personal income tax. Arizona policymakers have a unique opportunity to consider such important reforms now that state government has reached a semblance of structural budget balance for the first time in years and the state prepares to face a new era of economic growth. This study can serve as a roadmap for such a policy discussion. If policy makers desire revenue neutrality, tax reform can point the way toward more reliance on the sales tax by expanding the sales tax base to some services that are not currently included as a means to “buy-down” the INTRODUCTION Governor Doug Ducey has promised a goal of giving people tax relief each year he is in office. He also has stated that he believes that the state is due for tax reform There are at least five main policy paths available to state policymakers pursuing tax reform. This study outlines each. and that phasing out the personal income tax should be put on the table as a realistic reform option.1 In addition, a joint legislative task force in 2013 also considered some of the technical aspects of income tax reform, indicating a receptiveness among the leadership and members of the legislature to consider big-picture reforms to the state’s income tax rate to zero over time. This is a reform that can be made in a way that shields the poor and also di- tax system.2 As we’ll see, a substantial amount of peer-reviewed minishes the distortions in the economy while stabilizing literature in tax policy analysis suggests that elimination the revenue stream. Yet it should only be considered as of the state income tax would greatly benefit any state a means to phase down the income tax. Any action that that undertakes reforms to do this. This study makes an increases the tax burden would be counterproductive and economic and policy case for such a reform and outlines 2 May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report a number of different scenarios that could make such a paper, the income tax can indeed be phased-out over a tax reform a reality. six or seven year period if the state experiences average My goal in this study is to provide other research- annual revenue growth rates typical of what the state has ers and policymakers with a realistic picture of different experienced over the past 15 years. It will require overall reform options. Each option presents different challenges spending discipline that holds spending to a strict base- to lawmakers, but each is also based on an important starting point in discussing reform: tax reform throughout my discussion doesn’t need to deprive the state general fund of revenue needed for necessary functions. “Revenue-neutral” tax reform is possible and can, in fact, still be beneficial to economic growth. However, defining success as collecting just as much revenue as before to carry out the same functions of government is not the only path. Savings from reform to spending programs could “pay for” tax reform and simultaneously put Arizona state government on even firmer budgetary footing. Policymakers should be concerned about how the A substantial amount of peerreviewed literature in tax policy analysis suggests that elimination of the state income tax would greatly benefit any state. line, but tax reform could also include reform of a number of spending programs (including urban revenue sharing) or an expansion of the state sales tax base to some services as long as overall tax burdens do not increase. state tax system extracts revenue. The Arizona tax system has a number of attributes that distort the state economy and diminish the ability of the state to attract new in- A CASE FOR TAX REFORM The first question that needs to be addressed is why vestment and drive job creation. Among them is the Arizona should embark upon such a tax reform. As we current income tax. Since states are competing with each shall see throughout this study, there are a number of other on the dimension of tax policy, and other states reasons to do so. Primary among the reasons is the reality have moved toward elimination of income taxes in favor of economic competition between states, as well as the of consumption taxes or had the pre-existing advantage goal of achieving higher economic growth. In addition of having no income tax, Arizona is losing out in the race to the economic benefits, tax reform could also make the to attract investors and jobs. state’s general fund revenue more stable over time. Since a fundamental reform of the state’s tax system Across the states, much of the debate over tax reform to reduce or eliminate the state income tax is a goal of is over tax burdens – how much taxpayers pay to the gov- the new governor, an examination of the various reform ernment in per capita terms each year. This is certainly options is a worthwhile exercise to understand how we an important concern as high tax burdens can inhibit get from “here” to “there” and also to help stakeholders economic growth.3 However, in the case of Arizona, the anticipate the possible consequences of reform. concern about overall tax burdens as a reason for tax re- The paper concludes with a list of possible reform form may not be as worrisome when compared to how options that would eliminate the personal income tax in other states fare. In terms of total per capita state and Arizona. The most realistic ones are those that phase out local tax burden, Arizona ranks 16th lowest in the nation. the income tax over time starting in fiscal year 2017 (the That’s the exact opposite of where the state was in 1990, general budget for which will be considered in the 2016 when it had the 16th highest state and local per capita tax legislative session). Based on the analysis outlined in this burden in the nation.4 May 12, 2015 | No. 2015-01 3 Center for the Study of Economic Liberty | Policy Report Arizona’s tax cuts in the 1990s lowered the income aren’t just a function of how policymakers carve out tax burden. In 1995, Governor Fife Symington signed special exemptions and credits for particular industries or into law a substantial reduction of income tax rates, categories of activities, although those are clearly distor- which brought the top rate from 7% to 5.6%. This tax tionary. Even an income tax free of politically motivated cut alone was enough to bring Arizona to the national loopholes is non-neutral with respect to investment deci- average in terms of tax burdens after a number of prior sions over time. A truly neutral tax system should treat years far above the national average. Later, Governor Ja- savings and consumption evenhandedly. In other words, net Napolitano (in 2006) signed into law further reduc- it would have a neutral impact on a person’s decision to tions to the income tax rates that eventually cut the top save or consume an additional dollar. rate to its current level of 4.54%. 5 Since 2006, the focus in Arizona has strayed away This is far from an idle or merely academic concern. The microeconomic decisions made by every individual from reform of the income tax; instead, greater attention add up in the aggregate to large macroeconomic pat- has been paid to creating new tax credits to encourage terns. Nor are these decisions made in a vacuum. They specific types of behavior in order to receive a tax cut. are made contingent on assumptions and expectations While Arizona lawmakers have been busy pondering tax about the future and a knowledge of alternative uses of credits, states like North Carolina and Oklahoma have their money. If a tax system penalizes saving and invest- pursued income tax reforms, catapulting them ahead of ing, there will be less of that activity – and, with it, fewer Arizona in terms of potential economic competitiveness. business starts, lower productivity, and lower job growth. This acknowledgment of past good tax policy decisions should not be read to suggest that Arizona policymakers can’t or shouldn’t continue to find savings in the state government budget and pass the savings on to taxpayers in the form of lower taxes. Lowering the cost of government could indeed translate to lower tax burdens for Arizona residents and businesses and that could generate some additional economic growth at the margin. Tax reform that does not break the budget, however, can still create important economic growth potential through important changes to how we tax economic activity in Arizona. This type of approach to fundamental tax reform should be the next frontier. Low taxes are no longer enough. To chart the right path, policymakers should understand how the current system distorts business and economic decisions as well as what the current system does well and poorly. ELIMINATING THE INCOME TAX CAN REDUCE DISTORTIONS IN THE ECONOMY Income taxes, by their nature, create economic distortions. The distortions that come from income taxes 4 An example may be helpful in understanding how income taxes skew economic decisions. Table 1 depicts three different scenarios. The first depicts a world in which there are no taxes. The second scenario depicts a world with a 30 percent income tax. The third depicts a world with a 30 percent consumption tax. Income taxes, by their nature, create economic distortions. Assume that in each scenario a worker has just received an extra $2,000 in income. (The person in this example could just as easily be a businessperson looking to invest in his or her own business by buying new machinery or expanding a facility.) He has a decision to make: either spend the money or save the money. In each scenario, assume the person consumes half and saves half. Also, assume the rate of return on savings (i.e., the interest rate) is 10 percent. In Scenario 1 – the world without taxes – the price ratio of current consumption to future return on savings May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report TABLE 1: How Income Taxes Distort Investment Between Time Periods Scenario 1 No Taxes A. Current Pre-tax Earnings B. Current Tax C. Current After-tax Consumption Scenario 2 30% Income Tax Scenario 3 30% Consumption Tax Current Consumption Current Saving Current Consumption Current Saving Current Consumption Current Saving $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $0 $0 $300 $300 $300 $0 $1,000 $0 $700 $0 $700 $0 D. Current After-tax Savings $0 $1,000 $0 $700 $0 $1,000 E. Future Pre-tax Annual Return $0 $100 $0 $70 $0 $100 F. Annual Tax on Return $0 $0 $0 $21 $0 $30 G. Future After-tax Return $0 $100 $0 $49 $0 $70 $1.00 $0.10 $1.00 $0.07 $1.00 $0.10 Price Ratio: Future After-tax Return (G) & Current After-tax Consumption Source: Michael Schuyler, Consumption Taxes: Promises and Problems. Institute for Research on the Economics of Taxation, 1984. is $1.00 to 10 cents. In other words, the return on every taxes don’t inhibit the amount of economic activity in an dollar of foregone present consumption (i.e., savings) economy. Higher taxes will always translate to having less will be 10 percent. money for the private sector to consume or invest. What In Scenario 2, the worker is taxed on his current in- the example does indicate, however, is that the decision to come and also on the income he earns through savings. do one or the other will be far less influenced by the tax This is a form of double taxation because the money is code in a state that relied on taxes based on consumption, taxed when it is earned as income, and the interest on not taxation of the mere act of earning income. the savings (the rate of return) is also taxed because it In fact, this is just the tip of the iceberg when it is understood to be income regardless of whether that comes to biases against productive activity inherent return on investment will be re-invested somewhere. in the nature of income taxes. For instance, creating a Therefore, the price ratio of current consumption to fu- workable definition of income – whether it should in- ture return on savings is $1.00 to 7 cents. The tax code clude interest income or not, for instance – is actually in this scenario disadvantages saving and investing and much harder to do than defining consumption. Even thereby gives a differential preference to consumption. by this basic analysis, taxing consumption instead of in- To put it another way, the income tax as constructed come eliminates the penalty on saving and investing and here – which mimics the current federal and Arizona thereby creates a more neutral tax system. In essence, it is income tax – creates an economic distortion by encour- the only possible system that is as non-distortionary as a aging consumption at the expense of saving by reducing world in which there are no taxes at all. the rate of return of saving. In Scenario 3, the price ratio between present and An economy less distorted by a sub-optimal tax system would be expected to perform better economically future consumption is identical to that in the no-tax sce- than others. Indeed, the empirical analysis of the real- nario. That is because consumption taxes eliminate the world evidence shows that states with lower taxes, better double taxation of saving. Thus, the consumption tax tax structures, or the lack of an income tax in particular is truly neutral because it does not bias the decision of do see higher levels of economic growth.6 Perhaps not sur- a taxpayer to save or consume. This does not mean that prisingly, people making decisions on where to move also May 12, 2015 | No. 2015-01 5 Center for the Study of Economic Liberty | Policy Report favor states with better tax environments probably largely Corporate income taxes tend to be levied on a spe- as a result of the healthier economies they find there. Large cific type of large company (C-corporations), but they increases in net migration into states with no income taxes are often mitigated by various credits (which, on average, have been ongoing for the past couple of decades. create economic distortions themselves). Yet, lowering TAX REFORM CAN MAKE THE BUSINESS CLIMATE MORE FRIENDLY States are in competition for business investment, be it homegrown or relocating from other states. If the tax climate of a state is, on average, hostile to capital formation or a state maintains a punitive tax burden on businesses and the investments they make, it will lose out to other states that offer better tax treatment. There is substantial evidence that a business tax climate, when properly measured, has an impact on economic growth.7 In Arizona, the focus of business tax reform has tended to be on the property tax and the corporate income tax. There are good reasons to focus on these: property taxes can, indeed, be a large expense for businesses and can severely handicap a business’s ability to grow. This is especially true in Arizona, which has some of the harshest urban property tax burdens in the country for commercial and industrial property8 There has been some movement toward remedying this: in corporate income tax burdens in a general way is important because corporate taxes are a form of “invisible” taxation that is ultimately passed down to consumers, shareholders, and workers of the taxed company.10 In the sense that corporate income taxes create adverse economic effects, lowering corporate tax rates is indeed a way to make a tax system less distortionary. To that end, Arizona has made some good strides: the state corporate income tax rate is scheduled to fall from 6.5% (the rate for 2014) to 4.9% by 2017. In addition, various provisions to carry-forward net operating losses have been made more generous to make Arizona more comparable to states that already allow such carry-forwards.11 These tax phase-downs must continue. However, the corporate income tax generates a small overall share of state revenue – only about 7% in 2014, for instance. Since it’s such a small part of Arizona’s revenue stream, changing the economic growth trajectory through innovative corporate tax reform seems unlikely. 2011, the state legislature passed, and Governor Jan In addition, a tremendous amount of economic activity States are in competition for business investment, be it homegrown or relocating from other states. rations are higher-profile businesses that capture media is generated by small businesses, even though big corpoattention. Small businesses, like S-corporations, LLCs, and partnerships make up over 97% of all employers in the state and amount to over 40% of the private workforce.12 Also, many small businesses are entrepreneurs who are self-employed and don’t have any employees. Brewer signed, a tax package that will lower the “assess- But unlike their C-corp counterparts, all of these types ment ratio” of commercial property – the percentage of small businesses – called “pass-through” entities be- of value used to calculate a company’s taxable property cause, for tax purposes, their profits are passed through base – from 20% (starting in 2013) to 18% by 2016. to the shareholders and owners – are taxed as individuals There were also changes made to allow more generous through the personal income tax and haven’t had much depreciation write-offs and raised exemption levels for relief thanks to the prolonged focus on corporate taxa- property that is taxed under the business personal prop- tion. As such, it may be worth thinking of the personal erty tax.9 income tax as not being merely a tax that individuals 6 May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report pay but one that is also paid by the single largest share of employer-types in the state. States, however, may not have been automatically following the federal tax code on this matter. Some actively It’s important, therefore, to consider how invest- opted to conform their state tax codes with the federal tax ment is treated by the state income tax within this con- code on these specific provisions while others opted not text. A better tax system would be one that introduces to. Thirty-three states eventually opted to conform to the the least number of distortions in behavior, and an opti- federal rules on expensing and bonus depreciation, leaving mal tax system (as we’ve already seen) would be one that those that didn’t at a competitive disadvantage. Arizona has a neutral stance toward investment decisions. did conform for one year (2013) to the instant expensing One of the distortions in the current tax system is provision but when that year was over, Governor Brewer the treatment of depreciation of assets. When a business vetoed a bill to make that expensing provision permanent. owner decides to make a capital investment in his busi- (As for bonus depreciation, Arizona still only allows 10% ness – think of a restaurant owner considering whether of the federal bonus making it one of 28 states not to fully to expand the kitchen by buying a new oven or a small conform to those federal rules.) manufacturer eager to invest in a 3D printer – one of the questions they have to answer is whether the investment will yield a return over time. Tax rules usually allow only a small portion of the initial cost of investment to be deducted in the first year and a declining amount each year to take into account the decreased value of the machine, also known as “depreciation.” But this system by its very nature requires an understatement of the cost of doing business in the first year and then, when you take into account even nominal inflation, may mean a business It may be worth thinking of the personal income tax as not being merely a tax that individuals pay but one that is also paid by the single largest share of employertypes in the state. Conditions have improved somewhat on this score cannot fully recoup its investment. The optimal deprecia- in Arizona as of April 2015. Governor Ducey signed tion schedule, on the other hand, would remain neutral into law an extension of the conformity on the instant with respect to the timing of an investment and would, expensing provisions and its accompanying $500,000 as a result, allow the business to write off the full cost of limit. However, this still depends on annual federal re- the investment in the year it’s made. newal. The sort of expensing provision that would best 13 Policymakers at the federal level came to understand the problems with the depreciation system and the federal government did offer what is called “instant expensing” fit a consumption-tax based regime would be a permanent one. However, in a state without an income tax, these for a large category of capital goods (software and used policy concerns would be moot. Far from being an ar- vehicles, for instance) starting in 2001, subject to a cap. cane provision in the tax code, depreciation and expens- The cap eventually rose to $500,000 in investment per ing provisions are a critical element to redefining the tax company by 2014. Tax law changes at the federal level base to take the current income tax penalty off of invest- over the past decade and a half also allowed a 50% “bonus ment and transition to a general consumption base. It depreciation” of other heavy machinery categories to speed also eliminates a key distortion created by the income tax up the write-off schedule and thereby encourage more in- and keeping such a distortion in a state tax code makes vestment than would have occurred under the old system. that state instantly less competitive. May 12, 2015 | No. 2015-01 7 Center for the Study of Economic Liberty | Policy Report The treatment of capital gains taxes is also crucial. would, by definition, remove barriers to the creation of Taxation of capital gains for stocks and business invest- new businesses.17 This has ramifications for job-seekers: ment also impedes crucial investment because it lowers creation of new firms and the expansion of existing ones the after-tax rate of return and consequently stifles the can, by extension, drive further job growth in a state. supply of new capital. Entrepreneurial activity has been It’s also no wonder that states which undertake shown to be sensitive to tax treatment of capital gains: fundamental tax reform that creates more opportunities states that allowed more generous exemptions of capital for investment are also deemed to have a better national gains from taxation have seen increases in venture capital reputation as being business-friendly and seen as having funding to the businesses in their state. Overall em- a more favorable business climate. For instance, when ployment growth suffers in states with higher effective North Carolina started the process of flattening their capital gains tax rates.15 During the last economic growth income tax structure and began to transition to a sales- 14 period (2000-2007), the eight states that apply capital gains taxes at a lower rate had, on average, a 35% higher net job creation rate than the states that fully tax capital gains as normal income.16 Arizona has made some strides in capital gains tax reform. In 2012, the legislature and governor reduced the tax rate on long-term capital gains on assets purchased after 2011 and held longer than one year. This was accomplished by allowing an exemption of 15% of capital gains in 2013 from income taxation. That exemption grew to 25% by 2015, where it will stay unless state policymakers change it. While a good step, Arizona still remains less competitive than other states on this score. Current law amounts to a top effective Arizona tax rate of 3.3% on capital gains income. New Mexico, on the other hand, has a top effective capital gains tax rate of 2.85%. And states that have no income tax, of course, do not have tax based revenue system over a decade during which Plenty of data indicate that tax factors matter in overall business growth and economic potential for a state. the state income tax will be phased-out – a reform that is very similar to the one suggested later in this study – their ranking in the Tax Foundation’s State Business Tax Climate Index jumped to 16th place from its original perch at 44th place. By contrast, Arizona – despite its movement on property tax reforms and corporate income tax cuts – has remained at the middle of the pack at around 23rd.18 TAX REFORM CAN DECREASE REVENUE VOLATILITY Eliminating the income tax also would decrease to worry about onerous taxation of capital gains in- the volatility of state general fund revenue and smooth come. Finding a way to exempt capital gains income out the swings over the business cycle. Volatility is from taxation altogether would be an important goal measured as the growth rate of revenue relative to the for any tax reform looking to erase the tax penalty on growth of the tax base.19 Since revenue volatility is a ra- investment, and elimination of the income tax is one tio, when the ratio is much greater than 1, the tax rev- sure way to do so. enue is said to be more volatile than the tax base. When Plenty of data indicate that tax factors matter in the result is closer than 1, the revenue is considered less overall business growth and economic potential for a volatile (i.e., more stable). To put it in straightforward state. Empirical studies indicate that reforming a state’s terms: volatility scores are like golf – you usually want a tax codes to remove the tax barrier to capital creation lower score. 8 May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report Income taxes are notorious for being more volatile than sales taxes. A 2008 Federal Reserve Bank of Kansas THE ARIZONA SALES TAX State policymakers may want to include new revenue study reported volatility scores for the three major types sources to replace the income tax when it disappears. It’s of statewide taxes from 1965 to 2007. The personal in- worth noting that the single best way to make room in come tax received a score of 2.58. The corporate income the general fund budget for any tax reform is spending tax received a score of 2.61. Meanwhile, sales tax clocked reform and a commitment to discipline in general fund in at the least volatile, with a score of 1.24. budget growth, particularly if it includes a reappraisal of Within the income tax, there are varying rates of volatility for particular sorts of income. It’s not surprising, for instance, that corporate income taxes are more volatile because they are dependent upon the business cycle and corporate profitability. They grow the fastest in economic booms but fall the fastest and the furthest in economic downturns. Capital gains income is also volatile and, as a result, capital gains tax revenues are volatile as well.20 Historically, it was believed that the structure and the health of a state’s economy – the industry mix and what government does well or poorly and making changes to the budget accordingly. Or, to put it another way, being realistic about what the proper role of government should be is an important step in all of this. Eliminating the income tax also would decrease the volatility of state general fund revenue and smooth out the swings over the business cycle. the performance of industries within a state – were a big factor. However, a Rutgers University study in 2011 concluded that when tax structure is taken into account, revenue volatility was more strongly associated with tax provisions (such as what is being taxed, what is exempt, and the rates at which they are taxed).21 It also stands to reason that tax systems that are based on consumption taxes will tend to have a more stable revenue flow because consumption is less likely to fluctuate wildly the way income and profits do. Arizona has been typical in this respect. As the Joint Legislative Budget Committee has reported, the sales tax has been the least volatile revenue source over the past ten years, tracking Arizona personal income quite closely. The personal income tax, however, has As a practical matter, creating new sources of government revenue runs the risk of increasing the tax burden and rendering income tax reform less economically powerful. That said, the best option available for revenue enhancement is through the sales tax system, particularly since the sales tax is a consumption tax and the best sales tax systems, when constructed correctly, can embody many of the attributes of good tax policy outlined in this study. Therefore, a policy discussion of this sort requires a look at the current sales tax system to see how it compares to other states. After all, any changes made to the sales tax system should be considered only in the context of increasing, not decreasing, Arizona’s competitiveness. been very “elastic” and more volatile than the sales tax. The first consideration is the tax rate. As we can see The corporate income tax has been the least stable rev- in Table 2, the sales tax rate for the state is currently 5.6 enue stream.22 Thus, eliminating the income tax could percent, which includes the 0.6 percent Proposition 301 have more than just an economic benefit: it could have tax to fund education programs. That puts the state’s the benefit of making the state’s revenue stream more sales tax rate above most states in the region but below predictable over the business cycle. California. Also included in the table are the rates for the May 12, 2015 | No. 2015-01 9 Center for the Study of Economic Liberty | Policy Report states that have no income tax and rely largely on sales between states and helps determine which states have taxes for much of their revenue. Arizona’s rate is below narrower tax bases. five of the seven states in this chart that do not have an Table 3 lists the number of services (out of a total of 168 in the FTA master list) that each state taxes. It income tax. The rate is only part of the full story. Where much of indicates that Arizona has a tax base that is broader than the differences between states exist is the sales tax “base” Colorado, Nevada, and California. The base, however, – the goods and services to which the rate applies. States is narrower than Texas. With the exception of Nevada, that have a “narrow” sales tax base – meaning they tax a states that do not have income taxes tend to tax a larger smaller list of goods – need to have a higher sales tax rate number of services. (Nevada is an anomaly since much to generate the same amount of revenue that a state with of their sales tax revenue comes from a particular set of an average or low sales tax rate applied to a broader and taxed services paid for primarily by tourists. Hence, they less narrow base has. can get away with a narrower tax base in a way that other There are a number of commonalities with respect to sales tax bases. The main one is that most sales tax states, except tourist destinations like Florida, cannot.) Note that the states without an income tax and the systems do not tax food. Of the states in Table 2, the ex- broadest bases are South Dakota and Washington. New ceptions are Tennessee, which taxes food at a rate of 5.5 Mexico also has a very broad sales tax base and a lower percent (less than its normal state rate of 7 percent), and sales tax rate, but it also has an income tax and a slightly South Dakota. lower state sales tax rate than Arizona. Washington taxes The big differences in the tax bases come in the many services through its “business and occupations tax” number of services that are taxed by the sales tax. The which is functionally a business-based form of sales taxa- Federation of Tax Administrators (FTA) compiles a list tion. Finally, it’s worth noting that Florida and Texas have of what services are taxed in each state and groups them broader sales tax bases than Arizona, and yet their sales tax by category. This allows comparisons of sales tax bases rate is not much higher than the Arizona’s 5.6 percent rate. TABLE 2 2014 State Sales Tax Rates: Arizona and Its Competitor States TABLE 3 Number of Services Taxed by the State Sales Tax State California Tennessee Nevada Washington Texas Florida Utah Arizona New Mexico South Dakota Wyoming Colorado Sales Tax Rate 7.5% 7.0% 6.85% 6.50% 6.25% 6.00% 5.95% 5.60% 5.13% 4.00% 4.00% 2.90% Source: Federation of Tax Administrators 10 State Colorado Nevada California Arizona Utah Wyoming Florida Tennessee Texas South Dakota Washington New Mexico No. of Services Taxed 15 18 21 55 58 58 63 67 83 146 158 158 Source: Federation of Tax Administrators May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report Contrasting Arizona and states without an income comparison that has a relatively narrow sales tax base. tax, particularly Texas, Washington, South Dakota, and They are, however, a unique state: close to 40 percent Wyoming, yields some useful comparisons, particularly of their revenue comes from severance taxes and royal- when it comes to services taxed. Table 4 outlines those ties on mineral, gas, and oil extraction, roughly equal differences by category. to the amount they raise in the sales tax.23 Unlike Texas, States on this side of the country that do not have which generates only around 11 percent of their rev- income taxes tend to tax more services than Arizona does enue from comparable sorts of severance taxes includ- – in particular, personal services, business services, and ing those on oil and natural gas, Wyoming can operate repair services. Each of the other states is able to main- with such a narrow sales tax base and the absence of an tain a sales tax rate of 6.5 percent or lower while avoid- income tax.24 ing the need to institute an income tax. Personal services The picture that emerges when comparing state sales are usually things like salon and cleaning services. Busi- tax bases and the rates that are assessed on them indicates ness services are things like design, copy, or car services. that tax policy textbooks are generally correct: states that Taxation of professional services – like legal, engineering, have a broad sales tax base can raise sufficient revenue to and accounting services, for instance – tend to be more finance state government without an income tax. A poten- controversial and not frequently taxed. However, they tial problem with taxing some professional and business are, indeed, taxed in South Dakota and Washington. In services, however, is that of “tax pyramiding,” which is a the latter state they are taxed at a lower rate (1.5 percent) form of double taxation. This creates double taxation be- than other services. cause the taxes on the input costs (the services a business Besides Arizona, Wyoming is the only state in this may purchase while they are making their own product) TABLE 4 Taxable Services (by Category) Agricultural services Industrial and mining services Construction Utilities Transportation Storage Finance, insurance, and real estate Personal services Business services Computer services Automotive services Admissions and amusements Professional services Leases Fabrication, repair and installation Miscellaneous Total number of taxable services May 12, 2015 | No. 2015-01 Arizona 1 2 4 12 5 6 0 2 7 0 1 9 0 3 2 1 55 Texas 2 2 3 12 3 2 2 10 14 8 1 12 1 1 10 0 83 South Dakota 4 4 4 14 5 6 7 19 28 8 5 13 5 4 18 2 146 Washington 5 4 4 16 7 6 8 20 33 8 5 13 9 4 16 0 158 Wyoming 0 0 0 10 3 0 0 6 6 2 4 6 0 4 16 1 58 11 Center for the Study of Economic Liberty | Policy Report are collapsed into the price of the final retail good, which Scenario 1: Eliminating the personal income tax in one is itself taxed. Any reform that broadens the sales tax base year. also needs to address this problem in some way. Any sales tax reform should also acknowledge the This is the quickest and cleanest way of eliminating the income tax. It’s the one that would provide substan- challenge that city-specific tax rates introduce to the tial tax relief to Arizona taxpayers. But it’s also the one competitiveness of the state. Some jurisdictions have that will require very large spending adjustments to the sales tax rate add-ons that can catapult the current sales state general fund since it is not revenue-neutral. Al- tax rate of their residents to higher than 10%. Any pro- though the state personal income tax provides less than a posals to expand the sales tax base should be sensitive to quarter of total state revenue, it provided nearly $3.5 bil- this and seek to keep the rate not only regionally com- lion in general fund revenue for fiscal 2014. This might petitive but as low as possible. necessitate spending cuts of up to somewhere between 30% and 36% of the general fund spending baseline. TAX REFORM SCENARIOS What follows is a description of five policy scenarios that could be enacted to eliminate the personal income tax in Arizona based on the priorities and tax policy principles outlined previously in this study. Each scenario rests on a couple of important assumptions: ·· Revenue growth over the next decade that, on average, would be the roughly the same as the state experienced over the last two business cycles. ·· A disciplined annual general fund spending growth rate of 2.3%. ·· A policy goal of phasing down the income tax as quickly as possible. The assumption about maintaining spending disci- The trade-off would be that more economic growth would occur as a result of a tax cut of this magnitude. Doing this would instantly make Arizona much more competitive against most states, particularly those that do not have an income tax. The revenue “feedback” that could occur as a result of the increased economic activity would eventually increase state general fund revenue collections relative to the new, lower baseline that no longer includes personal income tax revenue. It would not, however, eliminate all of the $3.5 billion difference in revenue. Also note that the $3.5 billion estimate assumes that the amount of revenue sharing that the state currently provides to cities and counties would remain at current- pline is vitally important. Indeed, it might be the single law levels. The amount of budget cuts that are needed most important aspect of any approach to tax reform. could go down by roughly $600 million if urban revenue Any large spending increase will either slow down long- sharing was eliminated at the same time as the income term tax reform or necessitate large increases in other tax in the first year. (In subsequent years without a taxes that will counter and perhaps even overwhelm the change in current law, revenue sharing that is based upon beneficial aspects of getting rid of the income tax in the personal income tax revenues would equal zero because first place. the income tax upon which it is based would no longer exist.) There are five policy scenarios that could be enacted to eliminate the personal income tax in Arizona. 12 It’s also worth noting that this scenario does not include an elimination of the corporate income tax. Doing that would add about $400 million to the overall decline in baseline revenue and would require a commensurate cut in spending. May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report Scenario 2: Phase-out the personal income tax over time Scenario 3: Eliminate the personal and corporate income as revenues permit. tax in one year and make the reform revenue-neutral by This option would allow a “buy down” of the income tax rates progressively, as revenues permit, over a reforming the state sales tax. This scenario would allow the elimination of all in- long period of time. This scenario doesn’t require supple- come taxes in one year in a revenue-neutral fashion by menting current revenue sources or spending cuts. It either raising the sales tax rate on the existing sales tax does, however, require strict spending discipline of the base or increasing sales tax revenue by broadening the kind described previously and at least normal revenue sales tax base. growth. In order to make up the revenue from eliminating The idea here is to hold spending to a baseline of no the income tax in the expedited timeframe of one year more than a 2.3% growth rate each year – approximately without broadening the sales tax base, the sales tax rate the average rate of growth that is estimated through fiscal 2018 in the governor’s January budget proposal.25 Once spending is under control, step two in this scenario is to use the resulting surplus—each and every year—to reduce income tax rates across the board until they reach zero. Maintaining spending discipline might be the single most important aspect of any approach to tax reform. Of all the scenarios discussed in this paper, this phase-out will take the longest to achieve. Using con- would need to rise to around 9.6% (a base rate of around servative assumptions of revenue growth based on the 9% plus the 0.6% rate for education funding per Propo- historical pattern of the last 15 years, eliminating the sition 301). When coupled with county and city sales personal income tax gradually could take more than a tax rates, the higher sales tax rate could put the average decade. It would take longer than that if the corporate Arizona tax rate to over 11% (and, in some locations, income tax is included in the phase-out. During that over 13%), making it the highest sales tax rate in the na- time, it is probable that at least one recession will occur, tion by a large margin and nearly twice as high as many which could derail the buy-down of the income tax rate of our competitor states. For instance, it would put our until after the recession. There are also higher risks of average state and local sales tax rate higher than Texas, political pressure leading to an increase in the income twice the sales tax rate of Utah, and even higher than tax rate again to a previous level to balance the budget. California.26 Additionally, these gradual and relatively small rate The other option would be to broaden the sales tax cuts are not likely to spur much new economic growth, base to some services. As explained earlier in this study, especially if there isn’t a firm political commitment to Arizona has a relatively narrow sales tax base when com- maintain the income tax rate reduction until the rate pared to some other states that currently have no income reaches zero. tax. Expanding the base to apply the sales tax to a num- On the other hand, a more aggressive scenario to en- ber of professional, business and personal services could sure spending discipline and a buy-down of the income help make the elimination of the income tax revenue- tax rates could entail reform of the urban revenue sharing neutral.27 system (see Scenario 4 for details) and spending cuts or freezes. May 12, 2015 | No. 2015-01 However, it’s important to make sure that the expansion of the sales tax base does not lead to taxing business 13 Center for the Study of Economic Liberty | Policy Report inputs or lead to other forms of double taxation. This is an income tax. Expanding the sales tax base in this way especially important if policymakers look to eliminate might only require a state sales tax rate of around 6.6% the personal income tax but not the corporate income which, when coupled with the Proposition 301 add-on tax. The corporate tax, because it’s based on profits that rate, would require a total state sales tax rate of 7.2% to include sales receipts from items taxable by the sales tax, make a one-year elimination of the personal income tax would effectively tax the same dollar or economic activity revenue neutral.28 The rate would go down, however, twice. if the sales tax base were expanded further than is pro- Exempting business inputs at the wholesale level is posed here. already done in Arizona. Each business uses their business tax ID number in business-to-business transactions Scenario 4: Institute a flat income tax in the first year, and is not required to pay taxes on those transactions as then phase-out the personal and corporate income tax a result. Taking the same approach for business services over six years and achieve revenue-neutrality through that are part of business-to-business transactions — legal reforms to the sales tax and/or other revenue generating services and accounting services, for example—would options. eliminate the hidden double taxation while expanding This scenario combines a gradual approach of phas- the sales tax to final-use, end-user services that are pur- ing out all income taxes, while simultaneously enacting chased by individuals. a number of beneficial reforms to the state tax code that can maximize economic growth while the income tax It’s important to make sure that the expansion of the sales tax base does not lead to taxing business inputs or lead to other forms of double taxation. sunsets. To do so would require two components: 1) Replacing the current five-tier personal income tax with a flat-rate income tax in the first year that makes most taxpayers no worse off and includes permanent instant expensing allowances for small- and medium-sized businesses; 2) Begin a transition to a greater general fund reliance on sales tax revenue and require the sales The reform option outlined here assumes that the state could expand the system currently in use for exempting wholesale purchases intended for resale to the tax base of cities to be made consistent with the new state base. The spending discipline and paired with a transition taxation of services. In such a framework, business input to a broader-based sales tax would allow a “buy down” of transactions for services can be declared as exempt when the personal and corporate income tax rate each year un- the company remits sales tax receipts to the state. til it reaches zero. The buy down of the income tax rates With that in mind, the number of personal and would occur at a speed contingent upon revenue growth business services that are taxed could be expanded in during the fiscal year (assuming a firm commitment to Arizona without becoming less competitive with other budget discipline that holds general fund spending to states and our regional neighbors, which would allow around 2.3%). Estimates based on observed fiscal history a less steep increase in the sales tax rate than would and conservative assumptions about future economic and be required otherwise, but still higher than might be revenue trends indicate that the personal and corporate advisable for the purposes of regional competiveness income taxes could be phased-out in this manner within or relative to the average sales tax rate of states without five years. 14 May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report Component 1: A flat-rate income tax to take the place around 4.1%. This would ensure that almost everyone of the current income tax that would eventually be phased pays no more taxes than they did before. Those at the out. The first step of this scenario is to collapse the cur- lower end of the income spectrum would receive a tax rent five-tier income tax structure into a single rate “flat” cut due to the generosity of the new zero bracket. Those tax. However, unlike some versions of the flat tax, this in the middle- to upper-end of the income spectrum one will not eliminate all exemptions or deductions or would receive a tax cut due largely to the lower rate. (See tax credits. (For a discussion of what to do about tax Table 5 for context.) credits, see Appendix B.) It will keep the existing de- Another element that should be integrated into this ductions and exemptions, including mortgage interest new exemption system is a permanent “instant expensing” deduction, the charitable contribution deduction, and provision. This would allow all businesses that pay taxes the medical expenses deduction. It also would keep the through the income tax system to write-off immediately existing tax credits. the full value of any capital investment they make in Instead, this one-rate income tax plan would increase their business.30 This could be capped at the current limit the “zero bracket” below which income is exempt from ($500,000, which would cover most of the investment taxation. It could do so by creating a single per-person done by a small- or medium-sized business each year) and exemption at the same dollar amount per person in a indexed for inflation. This would, by definition, further household. The per-person amount that creates the zero redefine the income tax as one that more closely approxi- bracket could actually be broader than the current one mates a consumption tax than an income tax. The same and be based on the poverty line in Arizona. goes for exempting capital gains income completely from For instance, the current income tax system relies the income tax base, which could be done in this flat tax on a standard deduction ($4,945 for a single filer and plan. Both of these moves, when coupled with the single $9,883 for joint filers) and a personal exemption ($2,300 per child dependent and $6,300 per married couple). So, the current “zero bracket” for a family of four in this example is $20,783. In the flat tax proposed here, the bracket would be based on the poverty line in Arizona (currently at $23,850 for a family of four) and would essentially be a per person exemption of $5,962. Therefore, a family of four would be start with a “zero bracket” of $23,848. This bracket would apply to the income of all 29 families. Anyone with taxable income in Arizona would not be hit with the income tax until its income exceeded the zero bracket. The personal income tax rate could then be determined based on the needs of the general fund in the short-term while also acknowledging a desire to make tax rate, would likely provide substantial economic growth potential for the state and set a strong foundation for future economic and revenue growth that will be used to ratchet-down the income tax rate over time. Implementing reforms that make nobody any worse off than under the current system would result TABLE 5 A Flat-Rate Tax for Arizona (brackets by taxable adjusted gross income) Old System (single filer) $0–$10K $10K–$25K $25K–$50K $50K–$150K $150K and over 2.59% 2.88% 3.36% 4.24% 4.54% New System $0 and over 4.10% sure that everyone is no worse off under the new system and, in the best case scenario, might even see a small tax cut. The rate that balances each of these concerns is May 12, 2015 | No. 2015-01 15 Center for the Study of Economic Liberty | Policy Report in an income tax cut (relative to the baseline) estimated the top income tax rate for both the personal income at around $362 million in the first year. The rate can tax and the corporate income tax. To give taxpayers and be raised slightly to neutralize this, but the 4.1% was businesses time to adjust to the new tax rate and sales estimated to both achieve a target as close to revenue- tax base, the new sales tax base and rate can be activated neutrality as possible and also shield as many taxpayers as during the second year of the tax reform. By that point, possible from a tax increase. the top income tax rate could be less than half of what it In later years, the income tax rate can be cut by either a set amount each year or made contingent on a revenue “trigger.” The trigger could be tied to the rate of is today (from 4.54% to around 2.0%) by the time the new sales tax rate is in place. The best approach, for the purposes of maximizing revenue growth and as long as a revenue growth target the economic impact of the reform, would be to commit is met each year, the minimum income tax rate “buy to a minimum buy-down of the income tax rate each down” kicks in. Another option would be to commit a year. Forward-looking businesses need the security of the specific share of the supplemental revenue (described in consistent and downward trajectory of income tax rates “Component 2” below) not to new spending but to ex- so they can feel safe making long-term investments that clusively cutting the income tax rate each year. will yield the most economic growth. Year two of the reform (FY 2018) could see the big- Component 2: Changes to the sales tax system. To gest single-year reduction in income tax rates. That’s safeguard the “buy-down” of the income tax rate over because most of the increased sales tax revenue from the time and to make sure the state general fund has a steady expansion of the sales tax base can go to buying down source of general fund revenue that is more heavily based the income tax rate by as much as possible in that first on consumption taxation instead of income taxation, year. Doing less than that would increase the overall tax either a broadening of the sales tax base (along the lines burden for Arizonans. of what was outlined in Scenario 3) or an increase in the Note that while the broadening of the sales tax sales tax rate could be enacted. If the sales tax base were base (or, alternatively, an increase in the sales tax rate) is broadened in the way described above – to a number of mainly designed to be a mechanism to achieve revenue professional, business and personal services that are currently not subject to the sales tax – then CHART 1 Income Tax and Sales Tax Rate Schedule the sales tax rate would likely not need to be more than 6% (5.4% plus the Proposition 301 tax rate).31 If the sales tax base were not broadened, then the total state sales tax rate would be 7.4% (or, in other words, the base state sales tax would be 6.8% plus the 0.6% Proposition 301 rate). For the sake of keeping the sales tax rate competitive both nationally and regionally, an overall 6% rate would be preferable. The sales tax rate and income tax rate phasedown schedule is depicted in Chart 1. The line represents the sales tax rate. The bars represent 16 May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report neutrality, other options still exist to meet that goal. of urban revenue sharing that the state commits will be One could be to increase the amount of money the state capped at fiscal year 2017 levels even after the income collects in certain user fees, such as vehicle license fees. tax is phased out. At least a third of the new revenue that Another would be to cap or reduce the amount that the comes from expanding the sales tax base goes to maintain state spends on homeowner property-tax rebate. If these current levels of urban revenue sharing. In addition, the types of revenue options are pursued, the amount that sales tax expansion will increase the amount of overall state has to be raised by the sales tax could be reduced. Nei- revenue shared by the state with localities via the current ther of these options should be used to increase spend- sales tax revenue sharing laws (in which they receive 25% ing but should instead go directly to phasing down the of state sales tax collections). As a result, the amount of income tax. money that cities and counties receive could go up relative Note also that the estimates here suggest an average to current law. If changes are made to current law to take rate reduction each year (after year two of the reform this account, the sales tax rate may not have to be as high plan outlined here) of roughly half a percentage-point to maintain revenue sharing. However, if revenue sharing each year. However, to address budget concerns, the buy- reforms are considered (as they are in Scenario 5), a sales down of the income tax rate could be, starting in year tax base expansion may not even be necessary or at least three, tied to a revenue trigger. If, for instance, revenue not in the magnitude estimated here if keeping the current does not grow as fast as the general fund budget baseline revenue sharing system intact is not a goal. of 2.3%, the buy down in that year can be reduced for that one year. Another way to tying the buy down to revenue flow would be to pre-commit a portion of the increased sales tax revenue to buying down the income tax rate. The estimates here suggest that between 20% and 30% of the new sales tax revenue from taxing services can be committed to the income tax rate reduction each year without upsetting the 2.3% growth rate of general fund spending or the six-year phase-down. An important part of this reform is a state mandate For the sake of keeping the sales tax rate competitive both nationally and regionally, an overall 6% rate would be preferable. Scenario 5: Commit to a maximum eight-year phasedown of the personal income tax to be achieved through that cities must differentiate themselves on sales tax rates spending reforms to budget items such as the urban rev- alone, not on carve-outs to the sales tax base as they often enue sharing program. currently do. A requirement that the sales tax bases must The scenarios above have mostly assumed that mak- be uniform across jurisdictions should be enacted. For ing room in the state budget for “buying down” income example, if food is not taxed at the state level, it cannot be tax rates would largely come from increases in sales tax taxed at the local level either. Texas has this requirement revenue. However, there is another way. State policymak- and it is, as a practical matter, one of the things that make ers could commit to no more than an eight-year phase- their sales tax system much less complex than other states. down of the income tax without raising the sales tax rate North Carolina, which has reformed its tax system along or expanding the sales tax base. State policymakers could, lines similar to what is proposed here, also has made a uni- in addition to keeping general fund budget growth rate form local sales tax base a requirement. at no more than 2.3% each year, also enact reforms to Finally, note that this scenario assumes the amount May 12, 2015 | No. 2015-01 spending programs. They could start with reforms to the 17 Center for the Study of Economic Liberty | Policy Report urban revenue sharing program and use those savings to income tax rate reduction. An alternative criterion would reduce the income tax rate. be to lower the amount of shared revenue for cities that In the first year, policymakers can enact the flat tax proposal outlined in prior scenario. Then, based on the already have a high tax burden. The cities would continue to have the flexibility strength of economic growth and budget savings from under this reform to raise the local sales tax rate con- reforming revenue sharing, the income tax rate could be tingent on state law (which requires ballot approval). lowered each year by at least half a percentage point until As a result, this reform would also give local taxpayers it reaches zero in year eight (FY 2025). more control over the size of government in their cit- The first reform that should be made to revenue ies. If city policymakers want to finance an increase in sharing is to decouple it from the income tax by mak- the city budget in a fiscal year that would have been ing it part of the general fund appropriation process and financed otherwise by state-shared revenue, they need ending the automatic deferral of income tax revenue to ask for the money back from taxpayers instead of away from the general fund. Making this program part receiving that portion of money automatically from the of the appropriations process, just like a typical govern- state government. ment program, would mean that it would be competing The income tax phase-out could be hastened by with general fund resources just like other programs further budget savings in other programs. A good tar- must. To justify the expense, cities would need to at least get might be the revenue transfers that currently fund prove they are wisely using the money the state is sharing the Arizona Commerce Authority (ACA), which cur- with them. Policy accountability metrics could also be rently amounts to around $53 million. Eliminating the tied to the shared revenue as a condition of receiving it. income tax would be a very substantial leap forward Nor would the legislature necessarily need to keep the overall level of revenue sharing constant. In fact, in terms of economic competitiveness and it’s very unlikely that the economic potential that would result keeping the current level of revenue sharing would likely require budget cuts in other general fund programs. If the legislature believes that cities, particularly wealthier cities that already receive a large portion of shared revenue because they have a large population, could raise An income tax phase-out could be hastened by further budget savings in other programs. the revenue and make the spending program reforms necessary to finance city budgets on their own, that from income tax elimination could ever be matched would be the prerogative of the legislature. They may de- by any ACA-driven industry favoritism or activity they cide to avoid program cuts to other programs and reduce currently undertake. Besides, one of the current roles of the amount of urban revenue sharing. They also could the ACA is to administer various and sundry tax credits introduce a “means-test” to the urban revenue sharing that would disappear in a reform that phases-out the formula wherein large cities with robust tax bases get less income tax over time (see Appendix B). Therefore, the or no revenue sharing money while small, rural cities role of the ACA could be streamlined and reduced in with a less robust tax base would be held harmless. Mak- the process of phasing out the income tax and, as a re- ing such a policy change could potentially save the state sult, so could their budget. around $400 million each year relative to the current-law baseline and those savings could help pay for each year’s 18 Other general fund budget programs could be reformed – and wasteful spending within them targeted May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report TABLE 6 Tax Reform Scenario Summary Scenario 1 Scenario 2 Scenario 3a Scenario 3b Scenario 4a Scenario 4b Scenario 5a Scenario 5b * Not revenue neutral Timeframe (years) 1* 10+ 1 1 6 to 7** 6 to 7** 7 to 8** 6 to 7** Personal or Corporate Income Tax Eliminated? Both Personal only Both Both Both Both Both or personal only Personal only State Sales Tax Rate (total) 5.6% 5.6% 9.6% 7.2% 7.4% 6.0% 5.6% 6.6% Sales Tax Base Broadened? No No No Yes No Yes No No Changes to Revenue Sharing? No No No No No No Yes Yes ** Assumes flat income tax reform in year one – to provide budget savings to speed up the phasedown however, should only be temporary and the ballot lan- of the income tax rate. A reappraisal of the scope of state guage should be specifically worded to indicate that most government and scaling it back to a smaller role than it or all of the new revenue would go exclusively to buy currently plays could also yield substantial budget savings down the income tax rate and that it will sunset after the that could be put toward tax reform. income tax rate reaches zero or seven years has passed, The corporate income tax could be phased out in a whichever is sooner. fashion similar to that proposed in prior scenarios. That would require additional budget savings averaging around $58 million each year. In the absence of savings in that amount, an extra year or two of tax rate phase-out could accomplish the same goal. However, the usual cautionary note about the potential for another business downturn over this longer time-horizon should be heeded. Finally, policymakers may still deem in necessary to augment sales tax revenue. However, instead of expanding CONCLUSION The best hope Arizona policymakers have to eliminate the income tax is to phase it out over a number of years while maintaining budget balance. The speed of how fast the income tax rate can fall will depend critically on how strictly state policymakers adhere to spending discipline and to how fast revenue and the economy grows. The best time to consider fundamental tax reforms the sales tax base to services, another option that might is when a state is on surer fiscal footing. Now that the be worth pursuing (and would likely have fewer politi- state government has reached a semblance of genuine cal challenges than expanding the sales tax base) is a sales structural balance for the first time since the recession, tax rate increase of no more than one cent on the existing it’s incumbent on Arizona policymakers to take a look at sales tax base. That could, when paired with the spending important and necessary reforms over the next couple of reforms outlined here, potentially speed up the personal years. As the state prepares to face a new era of economic income tax phasedown to no more than five or six years. growth and the tax competition between states that has Because the sales tax rate would increase if this path is been occurring in earnest for decades, waiting longer chosen, voter approval is required. The sales tax increase, may result in losing a golden opportunity. May 12, 2015 | No. 2015-01 19 Center for the Study of Economic Liberty | Policy Report APPENDIX A METHODOLOGY mates are explained in more detail below. that is reliant on the income tax (both personal and corporate). As you can see, the general trajectory of general fund revenue can remain intact as the revenue stream transitions to greater reliance on the sales tax. Revenue estimates Taxable income growth estimate The estimates in this study use publicly-available data and are based on assumptions about the future that take into account the fiscal history of the state. The esti- Revenue estimates for all taxes for fiscal year 2017 and 2018 are based on data from the Office of Strategic Planning and Budgeting in its January 2015 budget summary. The estimates within that document are based on analysis by the L. William Seidman Institute at Arizona State University. The projected growth rates of future revenue are annualized averages that are based on estimates for fiscal 2014 through fiscal 2018 from this same document. Annual growth estimates for base sales tax revenue years after fiscal 2018 are an historical average based on The estimates of taxable income growth past fiscal year 2018 are an average of prior year trends based on historical taxable income growth as published by the Department of Revenue (DOR) in their annual publication, “Individual Income Tax Statistics.” The data provided by DOR is lagged by a number of years (the most recent is for tax year 2010), so the income tax data was scaled-up to the present day, using an average based on annualized growth rates from the prior seven years, for the purposes of the analysis. data from the Joint Legislative Budget Committee. The average is derived from the growth rate already experi- Sales tax base estimate enced during the last business cycle period (1999-2007). Estimates of the revenue expected from expanding the sales tax base to services were based on the Depart- The growth rate assumed in the estimates in the study is around 7.7% each year. It should be noted that the period upon which the av- CHART 2 erage is based included at least two years Income Tax and Sales Tax Rate Schedule of unusually low revenue growth. Taking out those two years brings the average sales tax revenue growth rate to just over 10%. Therefore, the 7.7% average used in this study is potentially conservative for the timescale addressed in this study. For the purposes of illustration, the growth rate of general fund revenue, net of the “buy down” of the income tax, is right around 2.3%. Chart 2 depicts the growth of general fund revenue that is spendable by the government as well as the percentage of general fund revenue 20 Source: Author’s calculations. May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report ment of Revenue’s publication, “The Revenue Impact of Arizona’s Tax Expenditures: Fiscal Year 2013/2014,” November 15, 2014. To estimate the portion of annual transactions that would be exempt because of the need to keep business-to-business transactions tax-free, an Ernst and Young study, prepared for the Council on State Taxation (COST), was used. (“Sales Taxation of Business Inputs,” by Robert Cline, John Mikesell, Tom Neubig, and Andrew Phillips, January 25, 2005.) As a result of the proposal to exempt business-to- TABLE A Portion of Business Services Category Due to Business-toBusiness Transactions Professional, Scientific, and Technical Services Administrative and Business Services Financial Services 50.6% 32.8% 66% Source: Author’s calculations based on data from COST and the Arizona Department of Revenue A note on Proposition 301 Expanding the sales tax could also increase the sales business transactions, the estimates of potential revenue tax base to which the Proposition 301 sales tax rate is ap- gains from expanding the sales tax base generated by the plied. Doing so could generate at least $160 million each Arizona Department of Revenue are larger than what can year for Proposition 301 programs. Because that revenue be expected under a tax system that exempts from sales stream would be automatically re-routed to voter-ap- taxes the purchase of services that are not to a final-use proved education programs, that increased revenue was consumer. Based on the COST study, estimates of the excluded from overall growth of government estimates percentage of the three major business service categories used in this paper. If included, overall education-inclu- that is composed of business-to-business transactions ap- sive state spending would actually grow faster than the pear below in Table A. 2.3% estimated in this study. May 12, 2015 | No. 2015-01 21 Center for the Study of Economic Liberty | Policy Report APPENDIX B WHAT ABOUT INCOME TAX CREDITS? There are a number of tax credits that are attached to gating tax burdens on the poor: the tax credit to com- the existence of the personal income tax. The disappear- pensate for increased excise taxation (A.R.S. § 43‐1073) ance of the income tax would obviously have an impact and the working poor family tax credit (A.R.S. § on them. Thus, it is important to consider what reforms 43‐1072.01). The former was enacted when the 0.6% might be necessary and desirable for those programs and sales tax rate was added after the passage of Proposition whether those credits are worth keeping in the future. In 301 in 2000 for the purposes of financing more educa- addition, it should also be remembered the elimination tion spending and was designed to help poor families or reform of some of these credits could yield budget sav- who were now paying a higher sales tax burden because ings (relative to the baseline) that could help state gov- of the new higher rate. The latter, which is a credit ernment make the transition to the new tax system and that can be claimed only by a tax filer family at below those savings should be considered in any discussion of $31,000 ($10,000 for single filers) in federal adjusted whether to keep the credit. gross income, is primarily a way to help poor families For starters, by far the largest income tax credit is aimed at allowing tax filers to recoup some of the taxes working their way out of poverty. These income tax credits are best described not as they paid to other states and countries. The state awards discrete credits but as part of an overall welfare pro- over $90 million in those credits annually. These credits gram administered by the state. What makes them are meant to help taxpayers subtract out of their tax bill peculiar is that they are administered through the tax the out-of-state income that is included in their taxable code and not through the general fund the way other base (i.e., federal adjusted gross income) but should not welfare spending is. However, the elimination of the be subject to tax by the state of Arizona. That this credit income tax doesn’t necessarily have to make the poor would disappear if the income tax were to be eliminated worse off relative to the status quo in which the in- should not be a concern. The problem the tax credit was come tax and these credits still exist. As we’ve seen, any designed to remedy is a problem created entirely by using shift away from the income tax can be structured in income as the basis for taxation. In a consumption-based such a way as to avoid hurting poor workers. And, as tax system, where the income was earned or to what discussed previously, such a push to eliminate income external governmental entity a tax was paid based on it taxation should be seen as a way of setting free cur- would be irrelevant. Instead, taxation would be based on rently pent-up economic growth potential and could in-state consumption only. therefore increase the number of new job opportunities There are, however, a number of other income tax for poor workers. Additionally, folding this form of credits that tax filers can take advantage of to lower their financial support for the poor back into the yearly bud- income tax liability. These tax credits fall into four differ- get appropriation process instead of relying upon the ent categories and are discussed below. auto-pilot nature of the current tax credit regime could increase the transparency and accountability of all the Tax credits for the poor Two credits – which together account for nearly $40 million in tax credits awarded – are aimed at miti22 funds being spent by state government to alleviate poverty in the state and potentially lead to more effective outcomes overall. May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report Property tax credit This tax credit is designed to lower the overall cost ing are the ones that are meant to subsidize the creation of new jobs. There is no evidence that they actually cre- of property taxes by lowering the overall income tax bill ate new jobs, on net, that wouldn’t have been created owed by low-income elderly homeowners. It amounts to otherwise. As a result, these tax credits simply represent a roughly $7 million a year, or just over $380 per claimant. transfer of wealth from taxpayers to businesses for doing Yet, it’s not clear that lowering income taxes for home- things those businesses would have done anyway. owners is the best way of lowering overall property tax The credits aimed at subsidizing research and devel- burdens. Lowering property tax burdens directly is likely opment would also not have a place in an environment to be the best way. where there is no income tax. The initial aim of these The argument in favor of this tax credit has to do credits was to provide additional support for a specific with the fact that piggybacking on the income tax form, corporate investment – R&D – that was being penalized which already requires a statement of a filer’s income within an imperfect income tax regime. But when all level, is an easy way to means-test this form of tax relief. non-consumed business income that is invested would be However, alleviating the tax bill of poor elderly home- exempt from taxation – including those that are invest- owners could easily be done through the property tax ments in research and development – having an R&D system itself in a world without an Arizona income tax. tax credit is unnecessary. Means-testing could still be accomplished by allowing a Finally, business-activity credits of all sorts are often poor elderly homeowner to prove eligibility by submit- justified as enticements to businesses outside the state ting to the county a federal income tax statement that that might consider relocating to Arizona. However, tell- shows their adjusted gross income. A tax credit could ing businessmen in other states that Arizona no longer then be applied directly against the property taxes owed. has a personal income tax is a much better recruitment This might increase slightly the administrative costs of tool than any particular tax credit. The benefits of using local governments, but it is likely to be a small increase these tax credits as deal sweeteners virtually disappears and could even be a cost that is shared between state and when there is no personal income tax for those businesses local government. to contend with. Tax credits designed to spur job creation and Education-related tax credits other specific behaviors Unlike most of the other tax credits discussed here, Most of the remaining tax credits are ostensibly the education tax credits are worth finding a way to sal- aimed at subsidizing specific business decisions or other vage. There are two main types of tax credits that lower behavior, such as installing residential solar panels. It’s the tax liability dollar-for-dollar (up to specific dollar hard to rationalize keeping these types of credits. They limits) for income tax filers who give a donation to either are mostly the product of trying to steer private invest- a public school or a non-profit organization. The first is a ment in a specific direction, thereby creating the eco- credit for donations to a scholarship tuition organization. nomic distortions that are the hallmark of most income The STO, in turn, uses the money donated to give out tax systems. If the goal of tax reform is to both reduce scholarships to special needs children to attend private economic distortions and eliminate the taxation of in- schools or receive specialized homeschooling attention. come, these credits should not be salvaged. The other type of tax credit is geared to those who con- The credits that are particularly hard to justify keepMay 12, 2015 | No. 2015-01 tribute money to public schools to help fund various 23 Center for the Study of Economic Liberty | Policy Report extracurricular programs. In fiscal year 2012, the most recent year of data available, personal income tax filers declared a total of roughly $116 million in these credits ($64 million for the STO credit and $52 million for the public school credit). That’s the biggest overall chunk of all the existing personal income tax credit categories. The donations that trigger these credits are best seen as a private source of funding for expenses that, in the absence of the donations, would have to be financed by the state government or the school district. So, unlike other tax credits that are meant to subsidize activities, these credits are more properly thought of as reimburse- 24 ments for people who used money they would have paid in taxes otherwise and directed it instead to a specific public service. This, by definition, frees up room in the budget of those respective governmental entities and the credits are a way of taking some of that surplus and delivering it back to taxpayers. Yet, property taxes pay finance the vast majority of school budgets so it’s peculiar to administer this program through the income tax. So, in a world in which there is no income tax, state law should be changed to allow property tax payers to declare the same credit against their property tax liability. May 12, 2015 | No. 2015-01 Center for the Study of Economic Liberty | Policy Report ENDNOTES 1 Jeremy Duda, “Income tax cuts emerge as key issue in AZ GOP gubernatorial race,” Arizona Capitol Times, June 3, 2014. Available at: http://www.arizonatax.org/news-article/ income-tax-cuts-emerge-key-issue-az-gop-gubernatorial-race. 2 The final report, minutes, and accompanying material related to the Arizona Legislature Joint Task Force on Income Tax Reform proceedings is available at: http://www.azleg.gov/ itr/default.asp. The author of the current study served on this task force and some of the material discussed here was developed for and during the task force proceedings. 3 For an extensive review of the literature, see William McBride, “What is the Evidence on Taxes and Growth?” Tax Foundation Special Report No. 207, December 18, 2012, available at: http://taxfoundation.org/article/what-evidencetaxes-and-growth. 4 Calculations based on U.S. Census Bureau data by Tax Foundation: http://taxfoundation.org/article/arizonas-stateand-local-tax-burden. 5 Joint Legislative Budget Committee Tax Handbook, “Historic Tax Law Changes,” available at http://www.azleg. gov/jlbc/13taxbook/13taxbk.pdf and http://www.azleg.gov/ jlbc/13taxbook/iit.pdf. 6 Thomas Dye and Richard Feiock, “State Income Adoption and Economic Growth,” Social Science Quarterly 73, vol. 3 (1995): 648–54; Barry W. Poulson and Jules Gordon Kaplan, “State Income Taxes and Economic Growth,” Cato Journal 28, no. 1 (winter 2008): 53–71, http://www.cato.org/pubs/journal/ cj28n1/cj28n1-4.pdf; and “State Economic Prosperity and Taxation,” by Pavel Yokovlev, Mercatus Center Working Paper No. 14-19, July 2014, available at: http://mercatus.org/publication/ state-economic-prosperity-and-taxation. 7 See literature review sections of this Anderson Economic Consulting report and, in particular, the analysis of the Tax Foundation’s “Business Tax Climate Index.” http://www.andersoneconomicgroup.com/LinkClick. aspx?link=upload%2fDoc1950.pdf&tabid=125&mid=411. 8 According the Minnesota Center for Fiscal Excellence, Phoenix and Tucson have industrial property tax burdens that rank them within the top 16 nationally. Compared to residential property tax burdens, commercial property tax burdens in Phoenix and Tucson are substantially higher. For instance, industrial property valued at $100,000 could actually have a property tax burden over twice the size of a residential propMay 12, 2015 | No. 2015-01 erty that is valued higher ($150,000). For standard commercial property, the difference for the same set of valuations is over 70%. See http://www.lincolninst.edu/subcenters/significantfeatures-property-tax/upload/sources/ContentPages/ documents/Pay_2012_PT_%20Report_National.pdf. 9 See Joint Legislative Budget Committee Tax Handbook 2014, http://www.azleg.gov/jlbc/14taxbook/14taxbk.pdf. 10 A good summary of the basic issues surrounding corporate tax incidence appears in Bruce Bartlett, “Who Pays the Corporate Income Tax?” Economix blog, New York Times, February 19, 2013, available at: http://economix.blogs. nytimes.com/2013/02/19/who-pays-the-corporate-incometax/. There is evidence that labor bears most of the cost of corporate taxation, particularly at the state level, because capital is more mobile than labor and can flee high-tax jurisdictions more easily. See testimony by Dr. Kevin Hassett, American Enterprise Institute, to before the Joint Economic Committee, U.S. Congress, April 17, 2012, available at: http://www.jec. senate.gov/public/index.cfm?a=Files.Serve&File_id=a3c28459af3c-430e-a7e7-3547bd634fe4. 11 See Joint Legislative Budget Committee Tax Handbook 2014, http://www.azleg.gov/jlbc/14taxbook/14taxbk.pdf. 12 See Small Business Administration state profile for Arizona, available at: https://www.sba.gov/sites/default/files/ advocacy/AZ_1.pdf. 13 For a technical explanation of the benefits of instant expensing, see Arthur Hall, “Expensing: A Competitive Leap for Kansas Tax Policy,” Technical Brief 07-0903, University of Kansas Center for Applied Economics, September 2007, available at: https://business.ku.edu/sites/businessdev.drupal. ku.edu/files/images/general/Research/TB%2007-0903-Expensing%20(Hall).pdf. 14 Paul A. Gompers and Paul Lerner. “What Drives Venture Capital Fundraising?” National Bureau of Economic Research Working Paper no. 6906, January 1999, available at: http://www1.hbs.edu/research/facpubs/workingpapers/ papers2/9899/99-079.pdf; and William Gentry. “Capital Gains Taxation and Entrepreneurship.” American Council on Capital Formation, November 2010. Available here: http:// www.accf.org/publications/142/ capital-gains-taxation-andentrepreneurship. 15 Ike Brannon, William Melick, and Eric Andersen. “Employment Effects of Reducing Capital Gains Tax Rates 25 Center for the Study of Economic Liberty | Policy Report in Ohio.” American Action Forum, June 2011, available at: http://americanactionforum.org/sites/default/files/capgainstaxoh-draft%20to%20post.pdf. 16 Stephen Slivinski, “Unlocking Entrepreneurial Forces: States Can Spark Business Creation, Attract Venture Capital Investment, and Increase Job Growth by Eliminating Taxation of Capital Gains,” Goldwater Institute Policy Brief No. 12-01, February 29, 2012, available at: http://www.realclearmarkets. com/blog/Policy%2520Brief%2520022912%2520Cap%2520 Gains_0.pdf. 17 See “State Economic Prosperity and Taxation,” by Pavel Yokovlev, Mercatus Center Working Paper No. 14-19, July 2014, available at: http://mercatus.org/publication/stateeconomic-prosperity-and-taxation. 18 Scott Drenkard and Joseph Henchman, 2015 State Business Tax Climate Index, Tax Foundation, October 28, 2014, available at: http://taxfoundation.org/article/2015-statebusiness-tax-climate-index. 19 For a discussion of the empirical literature and insights on revenue volatility, see “State Tax Revenue Forecasting Accuracy: Technical Report,” by Donald J. Boyd and Lucy Dadayan, Nelson A. Rockefeller Institute for Government, State University of New York, September 2014, available at: http:// www.rockinst.org/pdf/government_finance/state_revenue_ report/2014-09-30-Revenue_Forecasting_Accuracy.pdf. 20 Dennis Hoffman, “Capital Gains in Arizona and the Effect on State Government General Fund Revenues,” Report from the Office of the University Economist, Arizona State University, available at: https://wpcarey.asu.edu/sites/default/ files/uploads/research/competitiveness-prosperity-research/ Capital-Gains-Final.pdf. 21 Sunjoo Kwak, “Revenue Volatility: The Determinants and Consequences,” Rutgers University dissertation, October 2011, available at: https://rucore.libraries.rutgers.edu/rutgerslib/35881/. 22 Joint Legislative Budget Committee, “Volatility of Major Revenue Sources,” September 2, 2014, available at: http://www. azleg.gov/jlbc/volatilityofmajorrevenuesources.pdf. 23 See “Wyoming State Government Forecast, Fiscal Year 2015 - 2020,” January 2015, State of Wyoming Consensus Estimating Revenue Group, available at: http://eadiv.state. wy.us/creg/GreenCREG_Jan15.pdf. 24 For data on Texas revenue collections by major tax, see “A Field Guide to the Taxes of Texas,” March 2015, Texas Comptroller of Public Accounts, available at: http://www. texastransparency.org/State_Finance/Revenue/pdf/Taxes_ Field_Guide.pdf. 25 See “State of Arizona: The Executive Budget – Summary, Fiscal Year 2016,” January 2015, available at: http://www. ospb.state.az.us/documents/2015/Executive%20Budget%20 Summary%20Book,%20FINAL,%20Online%20Version,%20 with%20Links,%201-13-15.pdf. 26 Average state and local sales tax rates have been estimated by the Tax Foudation at: http://taxfoundation.org/article/ state-and-local-sales-tax-rates-2014. 27 The scenarios in this study assume that education services and medical services will remain exempt from sales taxes. 28 This estimates here are based on the same methodology outlined in: Stephen Slivinski, “A New Tax Plan for a New Economy: How Eliminating the Income Tax Can Create Jobs,” Goldwater Institute Policy Report No. 250, September 20, 2012, available at: https://goldwater-media.s3.amazonaws. com/cms_page_media/2015/2/2/Policy%20Report%20 250%20New%20Tax%20System.pdf. 29 As a result of this new generous zero bracket, the family tax credit could be eliminated as it would be redundant for the purposes of shielding poor families from a marginal tax rate that kicks in below the poverty line. 30 This would replace the current and somewhat arbitrary system of depreciation rules for capital investment that creates economic distortions. 31 Author’s estimates based on data from the Arizona Department of Revenue. The Center for the Study of Economic Liberty (CSEL) is non-partisan academic unit within the W. P. Carey School of Business at Arizona State University. Founded in 2014, CSEL is committed to the study of the role economic liberty and the free enterprise system play in increasing opportunity and improving well-being. CSEL seeks to advance our understanding through scholarly debate and research. Our scholars enjoy academic freedom and share a basic commitment to a freer, more prosperous world. For more information, visit our website. 26 May 12, 2015 | No. 2015-01
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